HomeMy WebLinkAboutMinutes 01-22-2009 CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JANUARY 22, 2009
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on January 22, 2009, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary
called the roll.
MEMBERS PRESENT
Mary Russell Chairperson
Raymond Viens Vice - Chairperson
Walter Godfrey
James Hale
Karen Hartley
Lynn Mars 1s Alternate
MEMBERS ABSENT
Charles Biederman
Edward Ciecirski
Ralph Lotspeich 2nd Alternate
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Bob Hoog Mayor Pro Tenn
Kate Latorre Assistant City Attorney
The Board members established that the next meeting would be held on February 19,
2009.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: October 23, 2008.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of October
23, 2008, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 22, 2009
Page 2
COMPLIANCE HEARINGS:
1. Case No. 06 -00087 — Violation of Section 34- 96(a)(b), Standards Established;
Section 34- 98(b), Building Appearance and Maintenance, of the City of Cape
Canaveral Code of Ordinances; and Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82 -31, of the City of Cape Canaveral Code of Ordinances, (8303 Rosalind Ave.)
Joseph Blanchard, Property Owners.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander stated that the violation is for
building maintenance and work with out the required permit. Officer Alexander testified
that the respondent has repaired the building but he was not able to get the final
inspection because the porch was not complete.
Officer Alexander respectfully requested that the Board amend the Board Order to give the
respondent until March 19, 2009 to come into compliance or the fines in the amount of
seventy -five dollars ($75.00) for the first day and twenty -five dollars ($25.00) per day
thereafter be retroactively imposed beginning on October 23, 2008.
Motion by Mr. Godfrey, seconded by Mr. Hale, to amend the Board Order to give the
respondent until March 19, 2009 to come into compliance or the fines in the amount of
seventy -five dollars ($75.00) for the first day and twenty -five dollars ($25.00) per day
thereafter be retroactively imposed beginning on October 23, 2008. Vote on the motion
carried unanimously.
2. Case No. 07 -00117 — Violation of Section 34 -98, Building Appearance &
Maintenance; Section 34 -96, Standards Established; Section 82 -12, Unsafe
Buildings or Systems; Section 82 -56, Standard Unsafe Building Abatement Code
Adopted; and Section 110 -334, Special Exceptions Permissible By the Board of
Adjustment, of the City of Cape Canaveral Code of Ordinances, (104 Monroe Ave.)
— Heath & Heath Systems, Inc., c/o Dawn M. Heath, R.A.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander stated that the special
exception has been approved for the proposed use of the property as a car wash; the
permit application package has been submitted to the City; and it is currently under review.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance and amend the Board Order to give the respondent until February 18, 2009 to
come into compliance or the fines in the amount of one hundred dollars ($100.00) for the
first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on
February 21, 2008.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the
respondent in non - compliance, and be given until February 18, 2009 to come into
compliance or the fines, in the amount of one hundred dollars ($100.00) for the first day
and fifty dollars ($50.00) per day thereafter, be retroactively imposed beginning on
February 21, 2008. Vote on the motion carried unanimously.
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Code Enforcement Board
Meeting Minutes
January 22, 2009
Page 3
3. Case No. 07 -00213 - Violation of Section 31.3.4, Detection, Alarm, &
Communications Systems; Section 31.3.4.1, General; and Section 31.3.4.1.1
Apartment Buildings, of the Florida Fire Prevention Code, as adopted by Section
38 -26, of the City of Cape Canaveral Code of Ordinances, (120 Seaport Blvd.) —
Villages of Seaport Condo. Association, c/o Russell E. Kemm, R.A.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
4. Case No. 08 -00138 — Violation of Section 34 -122, Public Nuisances Prohibited;
Section 34 -126, Remedy by the City; and Section 110 -551, Location of
Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, (201
Harbor Dr.) — Joan Marie Brown, Trustee.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander stated that the violation is for
an overgrown lot and untagged vehicles. Officer Alexander testified that several site visits
revealed that the respondent is not in compliance.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of Section 34- 122(a), Public Nuisances Prohibited; and Section 110 -
551(2)(d)(f), Location of Recreational Vehicles, of the City of Cape Canaveral Code of
Ordinances, and impose the fine in the amount of seventy -five dollars ($75.00) for the first
day and twenty -five dollars ($25.00) per day thereafter retroactive from October 23, 2008
until found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find
the respondent in non - compliance, and impose the fine in the amount of seventy -five
dollars ($75.00) for the first day and twenty -five dollars ($25.00) per day thereafter,
retroactive from October 23, 2008. Vote on the motion carried unanimously.
PUBLIC HEARINGS:
1. Case No. 08 -00127 — Violation of Section 34 -96, Standards Established; Section
34 -97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral
Code of Ordinances; and Section 304.1, Interior Structure; Section 304.3, Interior
Surfaces, of the International Property Maintenance Code, as adopted by Section
82 -221, of the City of Cape Canaveral Code of Ordinances, (8740 Croton Ct.)
Robert B. Muckenfuss, Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that a complaint was
filed for the condition of the property. Officer Alexander stated that a site visit revealed
trash & debris, a broken window, the ceiling falling down (viewed through an open sliding
glass door), mold, and there were concerns regarding the roof condition. Mr. Morley,
Building Official posted the property "Restricted Access" and stated that there was
evidence of a severe roof leak and that there were concerns regarding adequacy of the
structural members.
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Code Enforcement Board
Meeting Minutes
January 22, 2009
Page 4
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 34- 96(b)(d), Standards Established; Section 34- 97(a)(1), Duties and
Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and
Section 304.1, Interior Structure; and Section 304.3, Interior Surfaces, of the International
Property Maintenance Code, as adopted by Section 82 -221, of the City of Cape Canaveral
Code of Ordinances, and be given until February 19, 2009 to come into compliance or the
fine in the amount of seventy -five dollars ($75.00) for the first day and fifty dollars ($50.00)
per day thereafter be retroactively imposed beginning on January 22, 2009. Discussion
followed regarding amending the recommendation to increase the fines.
Motion by Mr. Godfrey, seconded by Mr. Viens, to find the respondent in violation, and be
given until February 19, 2009 to come into compliance or the fine in the amount of one
hundred dollars ($100.00) for the first day and seventy -five dollars ($75.00) per day
thereafter be retroactively imposed beginning on January 22, 2009. Vote on the motion
carried unanimously.
2. Case No. 08 -00142 — Violation of Section 102, Vegetation; and Section 102 -39,
Permits, of the City of Cape Canaveral Code of Ordinances, (210 Canaveral Beach
Blvd.) — John L. Ribar & Rick A. Kendust ET AL.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander stated that the violation is for
the removal of trees without the required permit. Officer Alexander further stated that the
trees in question were Australian pine trees.
Mr. Godfrey stated that the Florida Legislature passed a law that required the removal of
these invasive trees or be fined. Officer Alexander then stated that she was not aware of
that law and therefore must follow the City Ordinance as it is written. Assistant City
Attorney, Kate Latorre, stated that she would research the Florida Statues and report back
to the Board. Discussion followed.
Motion by Mr. Hale, seconded by Mr. Viens, to postpone Case No. 08 -00142 until
February 19, 2009 meeting for additional information. Vote on the motion carried
unanimously.
Mr. Ribar stated that he owns several properties in Cape Canaveral and has been a long
time resident of the City. Mr. Rebar explained that the trees were damaging the
underground lines, the fence, and the building so he asked a lawn care company to clean
up the property and remove these trees. He said that he was not aware that a permit was
needed to remove the nuisance.
3. Case No. 08- 00143 — Violation of Section 102, Vegetation: and Section 102 -39,
Permits, of the City of Cape Canaveral Code of Ordinances, (211/213 Jefferson
Ave.) — G. Schmitz, Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander stated that the violation is for
the destruction of two live oak trees. Officer Alexander explained that excessive trimming
is prohibited. It was the opinion of the City arborist that the trees would not survive this
Code Enforcement Board
Meeting Minutes
January 22, 2009
Page 5
kind of severe pruning; there are no branches left and no foliage. She further stated that if
the trees did sprout, they would never have the structure to support growth.
Mr. Schmitz testified that he allowed his neighbor to "trim" the trees to get them out of the
power lines and it was the opinion of his neighbor that the trees would not die. Mr.
Schmitz presented photos of the trees showing that one had new growth.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 102 - 38(2)(1), Enforcement and Penalties, and Section 102 -39, Permits of the City
of Cape Canaveral Code of Ordinances, and the respondent be fined in the amount of five
hundred dollars ($500.00) and be given until March 19, 2009 to comply and to meet the
tree replacement remediation requirements as per Section 102- 49(b). Discussion
followed.
Mr. Hale questioned whether they could fine the respondent for two trees when one was
not dead yet. It was the consensus of the Board Members to fine Mr. Schmitz for one tree.
Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent in violation, and
impose a fine in the amount of two hundred and fifty dollars ($250.00) and be given until
March 19, 2009 to comply and to meet the tree replacement remediation requirements as
per Section 102- 49(b). Vote on the motion carried unanimously.
4. Case No. 08 -00181 — Violation of Section 110.334, Special Exceptions, of the City
of Cape Canaveral Code of Ordinances, (7000 N. Atlantic Ave.) — Mary M.
Beasley, Trustee.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is
for outside display of merchandise without the required special exception. Officer
Alexander stated that numerous site visits revealed the outside display of merchandise.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 110 -334, Special Exceptions, of the City of Cape Canaveral Code of Ordinances,
and the respondent be fined one hundred and fifty dollars ($150.00) for every day that the
violation reoccurs.
Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent in violation, and
impose a fine in the amount of one hundred and fifty dollars ($150.00) for every day that
the violation reoccurs. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:19 P.M.
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Approved on this f'/ of , 2009.
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Mary Rus-ell, Chairperson
Joy Lo i Board Secretary
y ec etary